BID NO.04/2021/2022 HIRE OF PLANT - Ulundi Municipality

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BID NO.04/2021/2022 HIRE OF PLANT - Ulundi Municipality
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

                  BID NO.04/2021/2022
                           HIRE OF PLANT.

Name of bidder

Telephone/Cellphone No.:

Fax No:

Email Address:

Address:

Tender sum in rands:

Tender sum in words:

                                                                                 T2.1
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

                             ULUNDI LOCAL MUNICIPALITY
                                          TABLE OF
                                          CONTENT

                                                                        PAGE
DESCRIPTION
                                                                        NUMBERS

Tender Advert/invitation                                                   2.4

Specification/Scope of work                                                2.5
Evaluation criteria                                                        2.6

Schedule of Rates                                                          2.9

MBD2 – Tax Clearance Certificate                                           2.13

MBD4 – Declaration of Interest                                             2.14

MBD 6.1 – Preference Points Claim form                                     2.16
MBD 6.2 – Local production and content                                     2.22

MBD8 – Declaration of Bidder’s Past Supply Chain Management Practices      2.28

MBD9 – Certificate of Independent Bid Determination                        2.30
Joint venture                                                              2.34

Registration certificate of entity                                         2.35

BBBEE Certificate                                                          2.36

Payment of Municipal Services                                              2.37

Checklist                                                                  2.38

                                                                                  T2.2
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

                   INVITATION TO BID

                                                                                 T2.3
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                        2021/2022 TO 2023/2024
                                          BID NO. 04/2021/2022:

UMASIPALA                                                                                      ULUNDI
WASOLUNDI                                                                                    MUNICIPALITY
Private Bag 17
Ulundi                                                                                        Tel: 035 874 5100
3838                                                                                          Fax: 035 874 5206
                                      ULUNDI LOCAL MUNICIPALITY
                                   BID NOTICE AND INVITATION AWARD
     Bids are hereby invited from suitable service providers of the following Ulundi Municipality projects:

      Project/BID       Project Description                Point    Closing      Time    Technical            Contact
      No.                                                  System   Date                 enquiries            number
                        Hire of plant and equipment        80/20    28/05/2021   12h00
                        (Yellow plant) for the financial                                 Ms T.P Nxumalo       0358 74 5144
      04/2021/2022
                        years 2019/2020 to 2021/2022
                        (Panel)

     Preference will be given to the local and previously disadvantaged service providers.
     Only service providers registered in the Ulundi Municipality suppliers’ database and registered with Central
     Supplier Database (CSD) will be considered.

     Bid documents may be obtained on the Ulundi Municipal Website at www.ulundi.gov.za. Bid documents
     must be submitted in a sealed envelope clearly marked with the bid number, closing date and, dropped off
     in the tender box at SCMU, Ulundi Municipality, Corner of Princess Magogo and King Zwelithini Street,
     Ulundi, 3838 by no later 12H00 of the above stated closing dates. The bid box is generally open from
     07h30 to 16h30 Monday to Thursday and 07h30 to 15h15 Friday. All quotes must be submitted on the
     official forms – (Not to be retyped). This bid is subject to the general conditions of contract (GCC) and any
     other special conditions of contract.

     THE FOLLOWING ARE MANDATORY: CSD summary report, valid tax clearance or SARS login pin, a
     certified copy of the most recent municipal account in which the business is registered, copies of ID of
     members of the entity, B-BBEE Certificate and Certified copy of CIPRO e.g. CK certificates. Bidders are
     requested to sign where necessary and initial each page on the Bid Documents.

     This proposal will be evaluated in terms of the 80/20 Preferential Procurement Point system where 80 points
     are for functionality and price, and 20 points are for BBBEE according to the said legislation.

     Late tenders will not be accepted, and the Ulundi Municipality reserved the right not to make an award.
     Failure to comply with the above conditions will invalidate your offer.

     Pre-qualification conditions for a tenderer (PPPFA) Act 2000: Exempted Micro Enterprise (EME) or
     Qualifying Small Enterprise (QSE) which is at least 51% owned by black people who are women and
     51% owned by black people living in rural or underdeveloped areas or townships.

     Kindly note that the successful bidder will be subjected to a screening process prior to the bid
     being awarded, should it be discovered that a successful bidder provided misleading information
     he/she will be disqualified with immediate effect.

     NB: Please provide an itemized breakdown (on a separated sheet) of the total “tender sum” shown
     on the bid document.

     SCM related enquires: Miss B.G. Hadebe (035 874 5120)

                                                                                                               T2.4
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

Mr. N.G. Zulu
MUNICIPAL MANAGER
 1. SPECIFICATIONS OF TENDERS.

1.1      BACKGROUND

              Due to financial constrains the Ulundi Local Municipality is experiencing a huge backlog on
              provision of new roads infrastructure as well as provision of proper roads maintenance of
              unpaved roads and mostly located in rural areas , Therefore the successful contractor will be
              required to supply plant as per accompanied bill of quantities.

              This Contract will be based on the “General Conditions of Contract for Construction Works –
              3rd Edition 2015", issued by the South African Institution of Civil Engineering (abbreviated title:
              “General Conditions of Contract 2015").

      1.1.1       SCOPE OF WORK AND DUTIES OF THE CONTRACTOR.

         •    The successful service provider will be required to con-currently supply the following plant
              -     10 ton roller
              -     Tipper trucks (10 m3)
              -     Excavator
              -     Water kart/tanker (10 m3)
              -     Smooth Roller
              -     Pad foot Roller
              -     TLB
              -     Low Bed Truck
              -     Refuse Trucks

         •    Wet rate per hour inclusive of VAT to be quoted.

         •    Provision for operator and his/ her accommodation included on the rate quoted.
         •    Insurance of equipment to be provided
         •    Company to comply with Health and Safety Regulations in terms of OHS act.
         •    3rd party liability to be provided.
         •    It is the responsibility of the service provider to provide security for the plant particularly to
              prevent any theft of fuel, batteries etc.

                                                                                                           T2.5
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                    2021/2022 TO 2023/2024
                                      BID NO. 04/2021/2022:

         •   It is the contractor’s duty to prove and ensure protection of existing services, any damaged
             caused will be contractor’s responsibility to fix or will be cost that municipality has incurred and
             will be recovered on contractor’s due payment.
         •   The contractor must acquire approval from the Municipal representative in order to commence
             or procced with the construction stages.
         •   In terms of the plant breakdown, you will be given 9 hours to fix or replace the plant. Note that
             the breakdown hours does not form part of the working hours.

 The work will be supervised by the municipality.

    1.2 CONTRACT DURATION

     The contract period shall be 36 Months

   1.3 EVALUATION CRITERIA
 FUNCTIONALITY
         Bids will firstly be on functionality, and thereafter on a preferential procurement point system.
   Functionality Criteria                                            Sub-Criteria                   Points      Maximum
                                                                                                                 Points
                                     Proof of physical address of the company or lease
1) Locality (Promotion of local      agreement.
    companies)                          I.           Business operating within Ulundi Local        20 points
                                                     Municipality Boundaries
                                       II.           Business operating within Zululand District   10 points     Max 20
                                                     Municipality Boundaries .
                                      III.           Business operating within KZN                 5 points

                                     Reference letters from previous clients.
2) Proof of Service efficiency          I.           Delivery in less than 2 days.
                                       II.           Delivery from 2 days to 5 days.               15 points
                                      III.           Delivery in more than 5 days.                 10 points
                                                                                                   0 points      Max 15
                                             l. Letter of appointment and completion
3) Supplier Experience                             certificates for road construction.             20 points
                                             ll.     Experience of similar nature of Works (5
                                                     appointment letters and completion            10 points
                                                     certificates)                                               Max 20
                                             lll. Experience of similar nature of Works (3
                                                   appointment letters and completion              5 points

                                                                                                              T2.6
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                      2021/2022 TO 2023/2024
                                        BID NO. 04/2021/2022:

                                                    certificates)
                                              iv.        No proof submitted.                        0 points

                                         NB: Plant not older than 5yrs will be an advantage.
  4) Plant Proof of Ownership.               I.      Proof of ownership of the roads construction   20 points
          •      Low-bed                             plants.
          •      Grader                     II.      Letter of agreement with plant hire.           5 points
          •      Roller                    III.      No proof or agreement submitted.               0 points          Max 20
          •      Water tanker
                 1600/1800 L
          •      Tipper trucks 10m3
          •      Excavator 20 Ton
          •      TLB 4x4
          •      Refuse trucks
                                         Only accredited institution will be accepted.
  5) Qualified                               I.      Proof of valid copies of the Operators
      Personnel/Operators                            Certificates.                                  5 points          Max 5
                                            II.      No proof submitted.                            0 points
TOTAL POINTS                                                                                                     80

   Only bidders who score a minimum score of 50 points shall be considered for further evaluation. Bidders
   who fail to score a minimum score of 50 points shall be disqualified and will not be considered for further
   evaluation as indicated below.
   Scoring:
   Max 80 for Functionality and 20 for BBBEE

   1.4 Price and Preference Points

              Bids who qualify for the next stage of evaluation will be evaluated in terms of the Preferential
              Procurement Regulations 2017, pertaining to the Preferential Procurement Policy Framework Act,
              2000 ( Act 5 of 2000) and the Council’s approved evaluation criteria.
              The 80/20 preference point scoring system will be applied with points allocated as follows:-
                  •   80 points for the price.
                  •   20 points for B-BBEE status

              The preference points will be allocated based on B-BBEE status level of contributor and as per
              the table below:-

                                                                                                                 T2.7
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

               Status Level of Contributor                    Preference Points on scorecard (80/20
                                                                            System)
                             1                                                 20
                             2                                                 18
                             3                                                 14
                             4                                                 12
                             5                                                 8
                             6                                                 6
                             7                                                 4
                             8                                                 2
                      Non-contributor                                          0

     Bids are required to be valid for a period of 90 days.

                                                                                                 T2.8
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

                                   SCHEDULE OF RATES
Item   Description – Low-bed Truck             Unit     Quantity    Rate (R)
       Rates must exclude VAT
       Manufacture:
                                                 No         1

       Model:

       Year:

       Engine Rating (kw):

       Transport: Rate per kilometer             Km     Rate only

Item   Description – Grader 20 Ton             Unit     Quantity    Rate (R)
       Rates must exclude VAT
       Manufacture:
                                                 No         1

       Model:

       Year:

       Engine Rating (kw):

       Rate                                      Day    Rate only

       Rate                                      Hr     Rate only

Item   Description - Roller                    Unit     Quantity    Rate (R)
       Rates must exclude VAT
       Manufacture:
                                                 No         1

       Model:

       Year:

       Engine Rating (kw):

                                                                                 T2.9
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

       Rate                                             Day   Rate only

       Rate                                             Hr    Rate only

Item   Description – Water tanker 1600- 1800 litres   Unit    Quantity    Rate (R)
       Rates must exclude VAT
       Manufacture:
                                                        No        1

       Model:

       Year:

       Engine Rating (kw):

       Rate                                             Day   Rate only

       Rate                                             Hr    Rate only

Item   Description – Excavator                        Unit    Quantity    Rate (R)
       Rates must exclude VAT
       Manufacture:
                                                        No        1

       Model:

       Year:

       Engine Rating (kw):

       Rate                                             Day   Rate only

       Rate                                             Hr    Rate only

Item   Description – Tipper Truck                     Unit    Quantity    Rate (R)
       Rates must exclude VAT
       Manufacture:
                                                        No        1

       Model:

                                                                                     T2.10
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

       Year:

       Engine Rating (kw):

       Rate                                    Day       Rate only

       Rate                                    Hr        Rate only

Item   Description – Refuse Truck              Unit      Quantity    Rate (R)
       Rates must exclude VAT
       Manufacture:
                                                    No       1

       Model:

       Year:

       Engine Rating (kw):

       Rate                                    Day       Rate only

       Rate                                    Hr        Rate only

Item   Description – TLB 4x4                   Unit      Quantity    Rate (R)
       Rates must exclude VAT
       Manufacture:
                                                    No       1

       Model:

       Year:

       Engine Rating (kw):

       Rate                                    Day       Rate only

       Rate                                    Hr        Rate only

Item   Description – Skip Bin Truck            Unit      Quantity    Rate (R)
       Rates must exclude VAT

                                                                                T2.11
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

       Manufacture:
                                                     No       1

       Model:

       Year:

       Engine Rating (kw):

       Rate                                     Day       Rate only

       Rate                                     Hr        Rate only

__________________________________________________
Bidders Signature

                                                                                 T2.12
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

MBD 2 TAX CLEARANCE CERTFICATE REQUIREMENTS

 It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory
arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s
tax obligations.

1       In order to meet this requirement bidders are required to complete in full the attached form TCC
        001 “Application for a Tax Clearance Certificate” and submit it to any SARS branch office
        nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders /
        individuals who wish to submit bids.
2       SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of
        1 (one) year from the date of approval.
3       The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit
        the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified
        copies of the Tax Clearance Certificate will not be acceptable.
4       In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a
        separate Tax Clearance Certificate.
5       Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any
        SARS branch office nationally or on the website www.sars.gov.za.
6       Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this
        provision, taxpayers will need to register with SARS as eFilers through the website
        www.sars.gov.za.

                                    TAX CLEARANCE CERTIFICATE

      [Tax Clearance Certificate obtained from SARS to be attached to this page]

                                                                                                       T2.13
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

DECLARATION OF INTEREST                                                                                 MBD 4

The following particulars must be furnished. In the case of a joint venture, separate enterprise
questionnaires in respect of each partner must be completed and submitted.

o        No bid will be accepted from persons in the service of the state*.
o        Any person, having a kinship with persons in the service of the state, including a blood relationship,
         may make an offer or offers in terms of this invitation to bid. In view of possible allegations of
         favoritism, should the resulting bid, or part thereof, be awarded to persons connected with or related
         to persons in service of the state, it is required that the bidder or their authorized representative
         declare their position in relation to the evaluating/adjudicating authority and/or take an oath
         declaring his/her interest.

3.       In order to give effect to the above, the following questionnaire must be completed and
         submitted with the bid.

3.1      Full Name: …………………………………………………………………………………

3.2      Identity Number: ………………………………………………………………………….

3.3      Company Registration Number: ……………………………………………………….

3.4      Tax Reference Number: ………………………………………………………………..

3.5      VAT Registration Number: ……………………………………………………………..

3.6      Are you presently in the service of the state*
         YES/NO

3.6.1    If so, furnish particulars

         ………………………………………………

3.7      Have you been in the service of the state for the past twelve months?
         YES/NO

3.7.1    If so, furnish particulars

         …………………………………………………

*MSCM Regulations: “in the service of the state” means to be –
 (a) a member of –
     (i) any Municipal Council;
     (ii) any Provincial Legislature; or
     (iii) the National Assembly or the National Council of Provinces;

(b) a member of the Board of Directors of any municipal entity;
(c) an official of any municipality or municipal entity;
(d) an employee of any national or provincial department, national or provincial public entity or constitutional institution
    within the meaning of the Public Finance Management Act 1999 (Act No. 1 of 1999);
(e) a member of the accounting authority of any National or Provincial Public Entity; or
(f) an employee of Parliament or a Provincial Legislature.

                                                                                                                    T2.14
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

3.8      Do you, have any relationship (family, friend, other) with
         persons in the service of the state and who may be involved
         with the evaluation and or adjudication of this bid?                 YES/NO

3.8.1    If so, furnish particulars

         …………………………………………………

3.9      Are you, aware of any relationship (family, friend, other)
         between a bidder and any person in the service of the
         state who may be involved with the evaluation and or
         adjudication of this bid?                                            YES/NO

3.9.1    If so, furnish particulars

         …………………………………………………

3.10     Are any of the company’s Directors, Managers,
         Principle Shareholders or Stakeholders in service of the State?      YES/NO

3.10.1 If so, furnish particulars

         …………………………………………………

3.11     Are any spouse, child or parent of the company’s Directors,
         Managers, Principle Shareholders or Stakeholders in service
         of the State?                                                        YES/NO

3.11.1 If so, furnish particulars

         …………………………………………………

CERTIFICATION

I, THE UNDERSIGNED

(NAME)            …………………………………………………………………..

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT.
I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THE DECLARATION PROVE TO BE
FALSE.

……………………………………….                                                      …………………………………………..…
SIGNATURE                                                             DATE

………………………………………..                                                     …………………………………………......
POSITION                                                              NAME OF BIDDER

                                                                                        T2.15
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

MBD 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL
                    PROCUREMENT REGULATIONS 2011

This preference form must form part of all bids invited. It contains general information and serves as a
claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level
of Contribution

NB:       BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL
          CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS
          PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011.

1.        GENERAL CONDITIONS

The following preference point systems are applicable to all bids:

the 80/20 system for requirements with a Rand value of up to R1 000 000 (all applicable taxes included);
        and
the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable taxes included).

This bid will be evaluated as Functionality 80 Points, and BBBE 20 Points

1.2     B-BBEE STATUS LEVEL OF CONTRIBUTION

        Total points for B-BBEE must not exceed             20

2.      DEFINITIONS

2.1      “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment
        insurance fund contributions and skills development levies;

2.2     “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the
        Broad -Based Black Economic Empowerment Act;

2.3      “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity
        based on its overall performance using the relevant scorecard contained in the Codes of Good
        Practice on       Black Economic Empowerment, issued in terms of section 9(1) of the Broad-
        Based Black Economic Empowerment Act;

2.4     “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an
        organ of state for the provision of services, works or goods, through price quotations, advertised
        competitive bidding processes or proposals;

2.5     “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic
        Empowerment Act, 2003 (Act No. 53 of 2003);

2.6     “comparative price” means the price after the factors of a non-firm price and all unconditional
        discounts that can be utilized have been taken into consideration;

2.7     “consortium or joint venture” means an association of persons for the purpose of combining
        their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a
        contract;

                                                                                                          T2.16
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

2.8    “contract”Error! Bookmark not defined. means the agreement that results from the acceptance
       of a bid by an organ of state;

2.9    “EME” means any enterprise with a annual total revenue of R5 million or less.

2.10   “Firm price” means the price that is only subject to adjustments in accordance with the actual
       increase or decrease resulting from the change, imposition, or abolition of customs or excise duty
       and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the
       contractor and demonstrably has an influence on the price of any supplies, or the rendering costs
       of any service, for the execution of the contract;

2.11   “functionality” means the measurement according to predetermined norms, as set out in the bid
       documents, of a service or commodity that is designed to be practical and useful, working or
       operating, taking into account, among other factors, the quality, reliability, viability and durability
       of a service and the technical capacity and ability of a bidder;

2.12   “non-firm prices” means all prices other than “firm” prices;

2.13   “person” includes a juristic person;

2.14   “rand value” means the total estimated value of a contract in South African currency, calculated
       at the time of bid invitations, and includes all applicable taxes and excise duties;

2.15   “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or
       employing, another person to support such primary contractor in the execution of part of a project
       in terms of the contract;

2.16   “total revenue” bears the same meaning assigned to this expression in the Codes of Good
       Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based
       Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February
       2007;

2.17   “trust” means the arrangement through which the property of one person is made over or
       bequeathed to a trustee to administer such property for the benefit of another person; and

2.18   “trustee” means any person, including the founder of a trust, to whom property is bequeathed in
       order for such property to be administered for the benefit of another person.

3.       ADJUDICATION USING A POINT SYSTEM

3.1      The bidder obtaining the highest number of total points will be awarded the contract.

3.2      Preference points shall be calculated after prices have been brought to a comparative basis
         taking into account all factors of non-firm prices and all unconditional discounts;.
3.3    Points scored must be rounded off to the nearest 2 decimal places.
3.4    In the event that two or more bids have scored equal total points, the successful bid
        must be the one scoring the highest number of preference points for B-BBEE.

3.5    However, when functionality is part of the evaluation process and two or more bids have
       scored equal points including equal preference points for B-BBEE, the successful bid must
       be the one scoring the highest score for functionality.

3.6    Should two or more bids be equal in all respects, the award shall be decided by the
       drawing of lots.

                                                                                                       T2.17
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

4.    POINTS AWARDED FOR PRICE

4.1     THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

        A maximum of 80 or 90 points is allocated for price on the following basis:

                                          80/20      or        90/10

                Pt − P min                                            Pt − P min 
        Ps = 801 −                 or                         Ps = 901 −         
                   P min                                                 P min 
        Where

        Ps      =     Points scored for comparative price of bid under consideration

        Pt      =     Comparative price of bid under consideration

        Pmin    =     Comparative price of lowest acceptable bid

5.    Points awarded for B-BBEE Status Level of Contribution

5.1   In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference
      points must be awarded to a bidder for attaining the B-BBEE status level of contribution in
      accordance with the table below:

          B-BBEE Status Level of             Number of points               Number of points
               Contributor                        (90/10 system)             (80/20 system)

                      1                                   10                      20

                      2                                   9                       18

                      3                                   8                       16

                      4                                   5                       12

                      5                                   4                           8

                      6                                   3                           6

                      7                                   2                           4

                      8                                   1                           2

         Non-compliant contributor                        0                           0

5.2   Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an
      Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or
      a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA’s approval
      for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.

5.3   Bidders other than EMEs must submit their original and valid B-BBEE status level verification
      certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered
      Auditor approved by IRBA or a Verification Agency accredited by SANAS.

                                                                                                 T2.18
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

5.4     A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal
        entity, provided that the entity submits their B-BBEE status level certificate.

5.5   A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an
      unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if
      they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every
      separate bid.

5.6   Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates
      in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.

5.7   A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents
      that such a bidder intends sub-contracting more than 25% of the value of the contract to any other
      enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the
      intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.

5.8   A person awarded a contract may not sub-contract more than 25% of the value of the contract to any
      other enterprise that does not have an equal or higher B-BBEE status level than the person
      concerned, unless the contract is sub-contracted to an EME that has the capability and ability to
      execute the sub-contract.

6.    BID DECLARATION

6.1   Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the
      following:

7.    B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2
      AND 5.1

7.1   B-BBEE Status Level of Contribution:                           =    20 points

        (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected
        in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a
        Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an
        Accounting Officer as contemplated in the CCA).

8       SUB-CONTRACTING

8.1     Will any portion of the contract be sub-contracted?                      YES / NO (delete which is not applicable)

8.1.1 If yes, indicate:
      (i)       what percentage of the contract will be subcontracted?
      ............……………….…%
      (ii)      the name of the sub-contractor?         …………………………………………………………..
      (iii)     the B-BBEE status level of the sub-contractor?                              ……………..
      (iv) whether the sub-contractor is an EME?                    YES / NO (delete which is not applicable)

9       DECLARATION WITH REGARD TO COMPANY/FIRM
9.1     Name of firm             : .............................................................................................
9.2     VAT registration number  : .............................................................................................
9.3     Company registration number                 …………………………………………………………………….
9.4     TYPE OF COMPANY/ FIRM

                                                                                                                             T2.19
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

        Partnership/Joint Venture / Consortium
        One person business/sole propriety
        Close corporation
        Company
        (Pty) Limited
[TICK APPLICABLE BOX]

9.5        DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

………….. ..................................................................................................................................................
……………… .............................................................................................................................................

9.6        COMPANY CLASSIFICATION

           Manufacturer
           Supplier
           Professional service provider
           Other service providers, e.g. transporter, etc.
           [TICK APPLICABLE BOX]

9.7        MUNICIPAL INFORMATION

           Municipality where business is situated
              …………………………………………………………………..
           Registered Account Number …………………………….
           Stand Number ……………………………………………….

9.8        TOTAL NUMBER OF YEARS THE COMPANY/FIRM HAS BEEN IN BUSINESS?

9.9           I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm,
               certify that the points claimed, based on the B-BBE status level of contribution indicated
               in paragraph 7 of the foregoing certificate, qualifies the company/ firm for the
               preference(s) shown and I / we acknowledge that:

               (i)         The information furnished is true and correct;
               (ii)        The preference points claimed are in accordance with the General Conditions
                           as indicated in paragraph 1 of this form.
               (iii)       In the event of a contract being awarded as a result of points claimed as shown
                           in paragraph 7, the contractor may be required to furnish documentary proof to
                           the satisfaction of the purchaser that the claims are correct;
               (iv)        If the B-BBEE status level of contribution has been claimed or obtained on a
                           fraudulent basis or any of the conditions of contract have not been fulfilled, the
                           purchaser may, in addition to any other remedy it may have –

                             (a)       disqualify the person from the bidding process;

                             (b)       recover costs, losses or damages it has incurred or suffered as a result
                                       of that person’s conduct;

                             (c)       cancel the contract and claim any damages which it has suffered as a
                                       result of having to make less favourable arrangements due to such
                                       cancellation;

                            (d) restrict the bidder or contractor, its shareholders and directors, or only the
                                    shareholders and directors who acted on a fraudulent basis, from
                                    obtaining business from any organ of state for a period not exceeding

                                                                                                                                                     T2.20
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                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

                       10 years, after the audi alteram partem (hear the other side) rule has
                       been applied; and

               (e) forward the matter for criminal prosecution

        WITNESSES:

1.      ………………………………………

                                                          ……………………………………
                                                          SIGNATURE(S) OF BIDDER(S)
2.      ………………………………………

        DATE:………………………………..

                                                                                                T2.21
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

MBD 6.2
 DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR
                      DESIGNATED SECTORS

  This Municipal Bidding Document (MBD) must form part of all bids invited. It contains
  general information and serves as a declaration form for local content (local production
  and local content are used interchangeably).

  Before completing this declaration, bidders must study the General Conditions,
  Definitions, Directives applicable in respect of Local Content as prescribed in the
  Preferential Procurement Regulations, 2011 and the South African Bureau of
  Standards (SABS) approved technical specification number SATS 1286:2011 (Edition
  1) and the Guidance on the Calculation of Local Content together with the Local
  Content Declaration Templates [Annex C (Local Content Declaration: Summary
  Schedule), D (Imported Content Declaration: Supporting Schedule to Annex C) and E
  (Local Content Declaration: Supporting Schedule to Annex C)].

  1. General Conditions

  1.1. Preferential Procurement Regulations, 2011 (Regulation 9) makes provision for
       the promotion of local production and content.

  1.2. Regulation 9.(1) prescribes that in the case of designated sectors, where in the
       award of bids local production and content is of critical importance, such bids must
       be advertised with the specific bidding condition that only locally produced goods,
       services or works or locally manufactured goods, with a stipulated minimum
       threshold for local production and content will be considered.

  1.3. Where necessary, for bids referred to in paragraph 1.2 above, a two stage bidding
       process may be followed, where the first stage involves a minimum threshold for
       local production and content and the second stage price and B-BBEE.

  1.4. A person awarded a contract in relation to a designated sector, may not sub-
       contract in such a manner that the local production and content of the overall value
       of the contract is reduced to below the stipulated minimum threshold.

  1.5. The local content (LC) expressed as a percentage of the bid price must be
       calculated in accordance with the SABS approved technical specification number
       SATS 1286: 2011 as follows:

     LC = [1- x / y] *100

     Where
     x     is the imported content in Rand
     y     is the bid price in Rand excluding value added tax (VAT)

                                                                                     T2.22
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

     Prices referred to in the determination of x must be converted to Rand (ZAR) by
     using the exchange rate published by the South African Reserve Bank (SARB) at
     12:00 on the date of advertisement of the bid as required in paragraph 4.1 below.

     The SABS approved technical specification number SATS 1286:2011 is
     accessible on http://www.thedti.gov.za/industrial development/ip.jsp at no
     cost.

  1.6. A bid may be disqualified if –

      (a) this Declaration Certificate and the Annex C (Local Content Declaration:
         Summary Schedule) are not submitted as part of the bid documentation; and

      (b) the bidder fails to declare that the Local Content Declaration Templates
         (Annex C, D and E) have been audited and certified as correct.

  2. Definitions

  2.1. “bid” includes written price quotations, advertised competitive bids or proposals;

  2.2. “bid price” price offered by the bidder, excluding value added tax (VAT);

  2.3. “contract” means the agreement that results from the acceptance of a bid by an
       organ of state;

  2.4. “designated sector” means a sector, sub-sector or industry that has been
       designated by the Department of Trade and Industry in line with national
       development and industrial policies for local production, where only locally
       produced services, works or goods or locally manufactured goods meet the
       stipulated minimum threshold for local production and content;

  2.5. “duly sign”means a Declaration Certificate for Local Content that has been
       signed by the Chief Financial Officer or other legally responsible person
       nominated in writing by the Chief Executive, or senior member / person with
       management responsibility(close corporation, partnership or individual).

  2.6. “imported content” means that portion of the bid price represented by the cost
       of components, parts or materials which have been or are still to be imported
       (whether by the supplier or its subcontractors) and which costs are inclusive of the
       costs abroad (this includes labour and intellectual property costs), plus freight and
       other direct importation costs, such as landing costs, dock duties, import duty,
       sales duty or other similar tax or duty at the South African port of entry;

  2.7. “local content” means that portion of the bid price which is not included in the
       imported content, provided that local manufacture does take place;

                                                                                      T2.23
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

      2.8. “stipulated minimum threshold” means that portion of local production and
           content as determined by the Department of Trade and Industry; and

      2.9. “sub-contract” means the primary contractor’s assigning, leasing, making out
           work to, or employing another person to support such primary contractor in the
           execution of part of a project in terms of the contract.

3.       The stipulated minimum threshold(s) for local production and content (refer
         to Annex A of SATS 1286:2011) for this bid is/are as follows:
         Description of services, works or goods Stipulated minimum threshold

         _______________________________                                 _______%

         _______________________________                                 _______%

         _______________________________                                 _______%

4.       Does any portion of the services, works or goods offered
         have any imported content?
         (Tick applicable box)
            YES             NO

4.1       If yes, the rate(s) of exchange to be used in this bid to calculate the local content
         as prescribed in paragraph 1.5 of the general conditions must be the rate(s)
         published by the SARB for the specific currency at 12:00 on the date of
         advertisement of the bid.

         The relevant rates of exchange information is accessible on
         www.reservebank.co.za.

         Indicate the rate(s) of exchange against the appropriate currency in the table
         below (refer to Annex A of SATS 1286:2011):

           Currency                          Rates of exchange
           US Dollar
           Pound Sterling
           Euro
           Yen
           Other

         NB: Bidders must submit proof of the SARB rate (s) of exchange used.

5.       Were the Local Content Declaration Templates (Annex C, D and E) audited and
         certified as correct?
         (Tick applicable box)
            YES             NO

                                                                                         T2.24
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

5.1. If yes, provide the following particulars:
   (a) Full name of auditor:        ………………………………………………………
   (b) Practice number:
         ………………………………………………………………………..
   (c) Telephone and cell number:
         ……………………………………………………………….
   (d) Email address:
         ………………………………………………………………………..

         (Documentary proof regarding the declaration will, when required, be submitted
         to the satisfaction of the Accounting Officer / Accounting Authority)

6. Where, after the award of a bid, challenges are experienced in meeting the stipulated
   minimum threshold for local content the dti must be informed accordingly in order for
   the dti to verify and in consultation with the Accounting Officer / Accounting Authority
   provide directives in this regard.

                                    LOCAL CONTENT DECLARATION
                                (REFER TO ANNEX B OF SATS 1286:2011)

 LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER
 LEGALLY RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF
 EXECUTIVE OR SENIOR MEMBER/PERSON WITH MANAGEMENT
 RESPONSIBILITY (CLOSE CORPORATION, PARTNERSHIP OR INDIVIDUAL)

 IN RESPECT OF BID NO. .................................................................................

 ISSUED BY: (Procurement Authority / Name of Municipality / Municipal Entity):
 .........................................................................................................................

 NB

 1     The obligation to complete, duly sign and submit this declaration cannot be
 transferred to an external authorized representative, auditor or any other third party
 acting on behalf of the bidder.

 2      Guidance on the Calculation of Local Content together with Local Content
 Declaration Templates (Annex C, D and E) is accessible on
 http://www.thedti.gov.za/industrial development/ip.jsp. Bidders should first complete
 Declaration D. After completing Declaration D, bidders should complete Declaration
 E and then consolidate the information on Declaration C. Declaration C should be
 submitted with the bid documentation at the closing date and time of the bid
 in order to substantiate the declaration made in paragraph (c) below.
 Declarations D and E should be kept by the bidders for verification purposes for a
 period of at least 5 years. The successful bidder is required to continuously update
 Declarations C, D and E with the actual values for the duration of the contract.

                                                                                                                             T2.25
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

I, the undersigned, …………………………….................................................. (full
names),
do hereby declare, in my capacity as ……………………………………… ………..
of ...............................................................................................................(name of
bidder entity), the following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that

      (i)            the goods/services/works to be delivered in terms of the above-
                specified bid comply with the minimum local content requirements as
                specified in the bid, and as measured in terms of SATS 1286:2011; and
      (ii)      the declaration templates have been audited and certified to be correct.

(c)The local content percentages (%) indicated below has been calculated using the
formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in
paragraph 4.1 above and the information contained in Declaration D and E which
has been consolidated in Declaration C;

  Bid price, excluding VAT (y)                                                                         R
  Imported content (x), as calculated in terms of SATS 1286:2011                                       R
  Stipulated minimum threshold for local content (paragraph 3
  above)
  Local content %, as calculated in terms of SATS 1286:2011

If the bid is for more than one product, the local content percentages for each
product contained in Declaration C shall be used instead of the table above.
The local content percentages for each product has been calculated using the
formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated
in paragraph 4.1 above and the information contained in Declaration D and E.

(d) I accept that the Procurement Authority / Municipality /Municipal Entity has the
right to request that the local content be verified in terms of the requirements of
SATS 1286:2011.

(e) I understand that the awarding of the bid is dependent on the accuracy of the
information furnished in this application. I also understand that the submission of
incorrect data, or data     that are not verifiable as described in SATS 1286:2011,
may result in the Procurement Authority / Municipal / Municipal Entity imposing any

                                                                                                                       T2.26
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

or all of the remedies as provided for in Regulation 13 of the Preferential
Procurement Regulations, 2011 promulgated under the Preferential Policy
Framework Act (PPPFA), 2000 (Act No. 5 of 2000).

    SIGNATURE:                                                DATE:
___________

    WITNESS No. 1                                             DATE:
___________

    WITNESS No. 2                                             DATE:
___________

                                                                                T2.27
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

MBD 8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT
    PRACTICES

  1        This Municipal Bidding Document must form part of all bids invited.

  2        It serves as a declaration to be used by municipalities and municipal entities in ensuring that
           when goods and services are being procured, all reasonable steps are taken to combat the
           abuse of the supply chain management system.

  3        The bid of any bidder may be rejected if that bidder, or any of its directors have:

           a. abused the municipality’s / municipal entity’s supply chain management system or
              committed any improper conduct in relation to such system;
           b. been convicted for fraud or corruption during the past five years;
           c. willfully neglected, reneged on or failed to comply with any government, municipal or other
              public sector contract during the past five years; or
           d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention
              and Combating of Corrupt Activities Act (No 12 of 2004).

  4        In order to give effect to the above, the following questionnaire must be completed and
           submitted with the bid.

Item    Question                                                                             Yes   No
4.1     Is the bidder or any of its directors listed on the National Treasury’s              Yes   No
        Database of Restricted Suppliers as companies or persons prohibited
        from doing business with the public sector?
        (Companies or persons who are listed on this Database were informed in writing
        of this restriction by the Accounting Officer/Authority of the institution that
        imposed the restriction after the audi alteram partem rule was applied).

        The Database of Restricted Suppliers now resides on the National
        Treasury’s website (www.treasury.gov.za) and can be accessed by clicking
        on its link at the bottom of the home page.

4.1.1   If so, furnish particulars:

4.2     Is the bidder or any of its directors listed on the Register for Tender Defaulters   Yes   No
        in terms of section 29 of the Prevention and Combating of Corrupt Activities
        Act (No 12 of 2004)?
        The Register for Tender Defaulters can be accessed on the National Treasury’s
        website (www.treasury.gov.za) by clicking on its link at the bottom of the home
        page.

4.2.1   If so, furnish particulars:

                                                                                                   T2.28
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

4.3     Was the bidder or any of its directors convicted by a court of law (including a     Yes   No
        court of law outside the Republic of South Africa) for fraud or corruption during
        the past five years?

4.3.1   If so, furnish particulars:

Item    Question                                                                            Yes   No
4.4     Does the bidder or any of its directors owe any municipal rates and                 Yes   No
        taxes or municipal charges to the municipality / municipal entity, or to
        any other municipality / municipal entity, that is in arrears for more than
        three months?

4.4.1   If so, furnish particulars:

4.5     Was any contract between the bidder and the municipality / municipal entity or      Yes   No
        any other organ of state terminated during the past five years on account of
        failure to perform on or comply with the contract?

4.7.1   If so, furnish particulars:

                                             CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) …………..……………………………..……
CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND
CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN
AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………………...                                       …………………………..
Signature                                                Date

……………………………………….                                         …………………………..
Position                                                 Name of Bidder

                                                                                                  T2.29
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

MBD 9           CERTIFICATE OF INDEPENDENT BID DETERMINATION

1      This Municipal Bidding Document (MBD) must form part of all bids¹ invited.

2        Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits
         an agreement between, or concerted practice by, firms, or a decision by an
         association of firms, if it is between parties in a horizontal relationship and if it
         involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition
         meaning that it cannot be justified under any grounds.

3      Municipal Supply Regulation 38 (1) prescribes that a supply chain management
       policy must provide measures for the combating of abuse of the supply chain
       management system, and must enable the accounting officer, among others, to:

       a.      take all reasonable steps to prevent such abuse;

       b.      reject the bid of any bidder if that bidder or any of its directors has abused
               the supply chain management system of the municipality or municipal entity
               or has committed any improper conduct in relation to such system; and

       c.      cancel a contract awarded to a person if the person committed any corrupt
               or fraudulent act during the bidding process or the execution of the contract.

4      This MBD serves as a certificate of declaration that would be used by institutions
       to ensure that, when bids are considered, reasonable steps are taken to prevent
       any form of bid-rigging.
5      In order to give effect to the above, the attached Certificate of Bid Determination
       (MBD 9) must be completed and submitted with the bid:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to
compete, secretly conspire to raise prices or lower the quality of goods and / or services for
purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is,
therefore, an agreement between competitors not to compete.

                                                                                           T2.30
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                   2021/2022 TO 2023/2024
                                     BID NO. 04/2021/2022:

MBD 9          CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________
                                  (Bid Number and Description)

in response to the invitation for the bid made by:

______________________________________________________________________________
                            (Name of Municipality / Municipal Entity)

do hereby make the following statements that I certify to be true and complete in every
respect:

I certify, on behalf of:_______________________________________________________that:
                                         (Name of Bidder)
   1. I have read and I understand the contents of this Certificate;
   2. I understand that the accompanying bid will be disqualified if this Certificate is
        found not to be true and complete in every respect;
   3. I am authorized by the bidder to sign this Certificate, and to submit the
        accompanying bid, on behalf of the bidder;
   4. Each person whose signature appears on the accompanying bid has been
        authorized by the bidder to determine the terms of, and to sign, the bid, on behalf
        of the bidder;
   5. For the purposes of this Certificate and the accompanying bid, I understand that
        the word “competitor” shall include any individual or organization, other than the
        bidder, whether or not affiliated with the bidder, who:

               (a)       has been requested to submit a bid in response to this bid invitation;
               (b)       could potentially submit a bid in response to this bid invitation, based

                                                                                           T2.31
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR HIRE OF PLANT FOR THE FINANCIAL YEARS
                                  2021/2022 TO 2023/2024
                                    BID NO. 04/2021/2022:

                    on their qualifications, abilities or experience; and
            (c)     provides the same goods and services as the bidder and/or is in the
                    same line of business as the bidder

  6. The bidder has arrived at the accompanying bid independently from, and without
     consultation, communication, agreement or arrangement with any competitor.
     However communication between partners in a joint venture or consortium³ will

     not be construed as collusive bidding.
  7. In particular, without limiting the generality of paragraphs 6 above, there has been
     no consultation, communication, agreement or arrangement with any competitor
     regarding:
            (a)     prices;
            (b)     geographical area where product or service will be rendered (market
                    allocation)
            (c)     methods, factors or formulas used to calculate prices;
            (d)     the intention or decision to submit or not to submit, a bid;
            (e)     the submission of a bid which does not meet the specifications and
                    conditions of the bid; or
            (f)     bidding with the intention not to win the bid.
  8. In addition, there have been no consultations, communications, agreements or
     arrangements with any competitor regarding the quality, quantity, specifications
     and conditions or delivery particulars of the products or services to which this bid
     invitation relates.
  9. The terms of the accompanying bid have not been, and will not be, disclosed by
     the bidder, directly or indirectly, to any competitor, prior to the date and time of the
     official bid opening or of the awarding of the contract.
  10. I am aware that, in addition and without prejudice to any other remedy provided
      to combat any restrictive practices related to bids and contracts, bids that are
      suspicious will be reported to the Competition Commission for investigation and
      possible imposition of administrative penalties in terms of section 59 of the
      Competition Act No 89 of 1998 and or may be reported to the National Prosecuting
      Authority (NPA) for criminal investigation and or may be restricted from conducting

                                                                                       T2.32
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